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TERMS OF USE 1DG (www.onedollargift.com)

You are hereby to accept these Terms of Use by visiting the Website: www.onedollargift.com and registering as a member of the services associated with it.

Thank you for taking your time to read these Terms carefully, which regulate your access to the Website 1DG, its tools and services.

In order to use and access this Website, you need to accept these Terms first.

1 The Preamble

1.1 Overview of the Website

Onedollargift.com is a web platform created to make your dreams come true by allowing you to use a simple tool for online fundraising. 1DG helps you collect multiple donations online (crowdfunding) in order to achieve your goals.

1.2 Scope of the Terms of Use

These Terms of Use are to regulate all services provided by the Website:

2 Definitions

« Commission » refers to the compensation “Dream Makers” are required to pay to the Website for using its services.

« Terms of Use » refer to terms, conditions, and regulations, which are to be applied to Website Users and Members.

« Dream Maker » refers to a Member who launches a fundraising campaign to raise Donations from the Donors.

« Donation » refers to the funds collected by the Dream Maker from the Donors by the means of this Website.

« Donor » refers to a Member who gives a Donation through the Website.

« Personal Space » refers to the Membership account and space provided by the Website.

« Business Day » refers to all calendar days with an exception of Saturdays, Sundays, and other public holidays in accordance with the law applicable in Quebec, Canada.

« Member » refers to a User who registers on the Website. A Member can be both a Dream Maker and a Donor at the same time.

« onedollargift.com » or « Website » or « 1DG » refers to the site www.onedollargift.com (including the company which owns the Website itself) with the purpose of allowing the Dream Makers to promote their Dreams and the Donors to submit their Donations to the Website in order to support one or more Dreams.

« Collection Period » refers to a time period in which the Donors can make their Donations by using a Campaign link in order to support a Dream. The duration of this time period is determined by the Dream Maker.

« Dream » or « Dream Campaign » or « Fundraising » refers to an initiative presented by the Dream Maker on the Website in accordance with these Terms of Use.

« User » refers to a person who visits the Website in order to examine the content and the information published there, prior to the registration process and without the Membership status.

3 The Purpose

These Terms of Use regulate all usage related situations when the Dream Makers are trying to realize their Dreams, including Donors who are supporting these Dreams by the means of their Donations, all of which are taking place on the Website itself.

4 Terms of access, registration on the Website, and termination of the account

4.1 Terms of access – accessibility of the Website

You are allowed to browse the Website with no need to register as a Member. However, in order to use some of the Website's features, you are required to register and create the Personal space.

The Website is accessible 24/7, with an exception of periods when the Website is temporarily inaccessible for the reasons of updates, repairs, and maintenance.

4.2 Registration on the Website

The User who wishes to register on the Website has to be a real person in legal terms and with the full legal capacity to accept contractual obligations.

In order to register on the Website, you as a User are required to have a valid email address, to accept these Terms of Use, and complete the online registration form. Only then a User can obtain a Membership status.

By creating a Personal Space (Account), you as a Member are hereby to guarantee that all information provided by you for the purposes of the registration form is accurate and up-to-date. For more information on how we use the personal data obtained through this registration process, please use the « Security » tab which can be found on our Website.

Members are not allowed to provide access to their Personal Space to the third parties. They also have to protect the confidentiality of the passwords they use. The Personal Space (Account) created on the Website belongs only to the Member in question, who is responsible for its content and all the information that gets published on the Website through the Personal Space.

If a Member suspects that an authorized person is using his/her Account, then this activity is to be reported to the Website immediately.

4.3 Cancellation of the Membership status

The Website is authorized to suspend or cancel a Membership with no previous notice or warning, if a Member in question has violated these Terms in any way.

1DG is allowed to suspend or cancel a Membership, if the Website determines that the information provided during the registration process is inaccurate.

4.4 Termination of an Account

A Member is allowed to terminate his/her Personal Space (Account) on 1DG at any given moment. However, these Terms of Use are to remain applicable after the termination of the Personal Space (Account).

1DG reserves the right to terminate any Personal Space (Account) that has been inactive for the period of 2 (two) years, with no need to issue a previous notice.

5 Rules of conducts for Members

Every Member is obliged to:

use the services provided by the Website in a respectful manner regarding the individual rights;

respect and do not harass other Member(s);

not use or publish content or information, which expresses wrong, misleading, illegal, offensive, racist, aggressive, abusive, hateful, or defamatory points of view that violate the rights of the third parties;

not to use or submit pictures, information or any other content that is sexually suggestive or pornographic in its nature;

not to place on the Website the content that is likely to harm others;

not to encourage illegal activities, including the transfer of emails or documents that contain viruses and programs or files, which can compromise the Website or any other computer;

not to transfer photos or other images associate with other people without their consent, except when it is allowed by the law itself;

not to engage in any activity associated with hatred, physical or verbal abuse against other Website’s Users and Members;

respect the privacy and dignity of other people;

not to use the Website for the purposes of sale, advertising or solicitation to other Members;

not to use the Website in order to organize or participate in lotteries or any other kind of game;

not to cause harm to 1DG in any other way.

The Website reserves the right to remove any private or content that is not in accordance with these Terms of Use with no previous notice and in its sole discretion.

It is your responsibility as a Member to make sure that you comply fully with all laws, regulations, and other legal obligations referring to you individually. A failure to do so is your sole responsibility.

6 Obligations of the Dream Makers

6.1 Creation of the Dream

A Dream Maker should present his/her Dream on the Website, which includes the following elements: the title of the Dream Campaign, the Collection Period, the targeted amount to be raised, and his/her current residence.

Once the Dream is created, its content can be edited by the Dream Maker who promoted it, with an exception of the Dream’s Campaign title that is to be changed only with the previous approval of 1DG.

By promoting the Dream on the Website, the Dream Maker invites other people, especially the potential Donors, to establish a contractual relationship.

6.2 Obligations of the Dream Maker

The Dream Maker is solely responsible for the presentation of the Dream and all content associated with it.

6.3 Online presentation of the Dream

Once the Dream Maker creates and confirms the Dream, it is gets automatically published on the Website. 1DG will send a confirmation email to the Dream Maker afterward.

Once the Dream becomes published online, 1DG will conduct checks of the Dream Campaign, including the right to:

suspend and delete the Dream Campaign in its sole discretion with no need to justify its decision;

ask from the Dream Maker to edit its Dream, so it complies with the requirements of 1DG. If this is the case, then the Dream can be suspended until these requirements are fulfilled and confirmed by 1DG.

If the Dream has not been modified accordingly in the time period of thirty (30) days from the moment it is requested by 1DG, then the Dream Campaign will be deleted.

6.4 Receiving of Donations by the Dream Maker

6.4.1 Donation requests by the Dream Maker

In order to receive the Donations associated with its Dream Campaign, the Dream Maker is required to fill in all the forms provided by the Website, which include necessary personal and banking information. When requested by the Dream Maker, but no more than one (1) time per week, 1DG will transfer Donations associated with his Dream Campaign in the following ways:

a) a) 1DG will issue a detailed report, including all Donations amounts and its associated Commissions to the Dream Maker regarding its Dream Campaign in question;

b) 1DG will transfer the Donations to the Dream Maker received by the date of request, excluding all expenses and applicable taxes, which are calculated according to the following method: Donations – Bank transaction fees – [(Donations – Bank transaction fees) x Commission] – applicable taxes calculated only for the Commission amount.

The Dream Maker has a time limit in which he can claim the Donations from 1DG that are collected as a part of his Dream Campaign. In effect, after two (2) years of the Dream Maker’s Personal Space inactivity, 1DG will consider the account as inactive and claim all Donations collected as a part of the Dream Campaign created by using this Personal Space. By not using his Personal Space for two (2) years, the Dream Maker renounces his right to claim the Donations that are collected as a part of the Dream Campaign.

6.4.2 Receiving of Donations in the situation when the Dream Maker is unable to claim them

In the eventuality that the Dream Maker is unable to claim the Donations collected as a part of the Dream Campaign, in the case of death or disability, the Dream Maker's heirs, legatees or other duly authorized representatives, depending on the circumstances of the individual case, can claim these Donations on behalf on the Dream Maker only if the claim is submitted within the period of 2 (two) years from the moment of the last recorded activity on the Dream Maker's Personal Space (Account). The terms mentioned in the section 6.4.1. are to be treated as applicable in this eventuality.

6.5 Interests on Donations

It is hereby to be acknowledged that under any circumstances, the Dream Maker cannot claim interests generated by 1DG on Donations associated with his/her Dream Campaign.

6.6 Use of the Dream Campaigns by 1DG

The Dream Maker is hereby to accept that 1DG can use the Dream Campaign for the advertising purposes of the Website.

As soon as the Dream Campaign becomes available on the Website, any User can have an access to it, until it is permanently removed by the Dream Maker or 1DG.

6.7 Fulfillment of the Dream by the Dream Maker

1DG recommends the Donors to make the Donations only to the people they know and trust. In addition, 1DG cannot be held responsible if the Donations are not used for the purposes presented in the Dream Campaign or if the Dream itself is not accomplished; only the Dream Maker can be held accountable in these situations.

6.8 Accomplishment of the Dream Campaign

The Dream Campaign is treated as accomplished when it is deactivated by its Dream Maker or 1DG. After the deactivation, the Dream Campaign can still be accessible to all Users, with an exception when it has been removed by the Dream Creator or 1DG.

7 Conditions applicable for Donors

7.1 Donations

The Donors are free to choose which sum they want to give to a particular Dream when making a Donation.

To be eligible to make a Donation, a Donor has to become a Member first.

When making a Donation, the Donor is to be identified to the Dream Maker, so the Dream Maker acknowledges the person who gave the donation. However, it is also possible to give anonymous Donations.

By making Donations, all Donors hereby accepts the offer made by the Dream Maker and enter into a contractual relationship with him/her.

7.2 Commitment of the Donors

The Donors acknowledge hereby that the source of funds used for the Donations is not illegal. They oblige hereby not to use the Website for the illegal activities and especially for the purposes of money laundering.

7.3 The absence of the Contractual Relationship

Under no circumstances, the Donations themselves cannot create a contractual relationship between a Donor and the Website. 1DG is only an intermediary between a Dream Maker and a Donor within a Dream Campaign.

8 Conditions applicable for collection and monitoring of the Donations

8.1 Donation payment modalities

Donations can be made by using a credit card, PayPal, Interac, and a check. These online payment options are not part of the official offer of the Website, and under no circumstances, 1DG can be held responsible for the proper functioning of these payment services, including the fees associated with the use of these payment services.

1DG advises hereby every Member to examine Terms of Use of each of these payment services prior to the use.

8.2 Donations monitoring

The Dream Maker will receive the following information about every Dream:

The amount of every Donation;

The payment date of every Donation;

Donors personal information, unless it is an anonymous Donation in question.

The Donors will also receive information about the progress of the supported Dream, including all new Dreams that the Dream Maker they already support launches in the meantime.

8.3 Cancellation of the Donation

A Donation cannot be canceled. As soon as it is confirmed by the Donor on the Website, the Donation is final and the Donor will not be able to revoke it.

In an eventuality that a Dream Campaign associated with an active Personal Space is canceled or deleted by 1DG as a result of these Terms violation, 1DG will return the Donations to the Donors that are still not claimed by the Dream Maker, if any of them is still available. Donors cannot claim the Donations in cases where the Personal Space of the Dream Maker is inactive for two (2) years or more.

Realization of the Dream is the sole responsibility of the Dream Maker. 1DG cannot guarantee that the Dream will be realized by its Dream Maker and provides no refunds of Donations.

8.4 Suspension of Collection in the event of death

In the event of the Dream Maker’s death during the Collection Period or its extension, but before the deactivation of the Dream, 1DG is authorized to suspend the ongoing collection and deactivate it.

The successors of the Dream Maker can request from 1DG to reactivate the Dream Campaign.

If the successor decides not to reactivate the Dream Campaign or after six (6) months of suspension, the Dream is treated as canceled and the Donations that are still not delivered to the Dream Maker or the successor will be refunded to the Donors, unless otherwise determined by 1DG.

9 Commission

9.1 Free Services

Registering as a Member on 1DG is a free service. The Users are granted with the free access to the directory of Dreams.

Donors do not pay a Commission to the Website.

9.2 Donation Commissions

The Dream Maker pays a Commission for Donations he/she receives.

The Commission is calculated as a percentage of the Donations collected in the amount of 4,9% plus the bank transaction fees associated with the payment method used by the Donors. In order to inform themselves about the applicable bank fees, 1DG advises every Member to examine the Terms of Use of the transaction services in question.

The Dream Maker is responsible for any applicable taxes.

9.3 Fee payment modalities

The Commission and the bank fees are deducted automatically from the Donations that are being collected by the Dream Maker during the collection period on his Personal Space, as it has been regulated by the section 6.4.

10 Intellectual property rights

All materials published or otherwise available on the Website are protected by Canadian and international copyrights and other relevant intellectual property rights and laws. These materials are the ownership of the Website, which also controls them.

Any kind of partial or complete reproduction of the Website is strictly prohibited.

Users or Members are not allowed change, adapt, copy, distribute, transmit, broadcast, represent, reproduce, publish, license, decompile, disassemble, transfer or sell any information, software, product or service obtained from the Website, or create works derived from one or more of above.

Any publication, reproduction, or transfer of a part or the entire work of the third party without the previous consent is treated as a violation of this third party rights, and the User or the Member is solely responsible for these violations.

By accepting these Terms of Services, Users and Members acknowledge hereby that they are not infringing the rights of the author, trademark or any other intellectual property right of the third party.

11 Liability limitations

1DG uses all means necessary to ensure the quality of access to its services, but it cannot guarantee that the Website is available all the time, without interruptions or errors, nor that the Website itself or the servers that allow proper functioning of the Website are error free.

A User or a Member cannot claim a compensation for an interruption, suspension of service or any modification of the Website.

The Website, its parent companies or subsidiaries and affiliates cannot be held responsible under any circumstances for the damages, including compensatory, incidental or consequential damages, direct or indirect, or any other damages regardless of their nature, which may be caused to the Users or any other person virtual or physical by any technical or technological equipment either on the Website or by a human or technical error that may occur, the problem or technical malfunction of the electronic network or communication network, online systems, servers, computer equipment, software, data transmission, or any other technical problem or congestion of the Website or other.

Onedollargift.com declines any responsibility for the content and information submitted by the Members.

12 No warranty

The Website provides no guarantees or quality assurances of merchandise and the information acquired from the Website cannot be associated with any kind of warranty.

13 Miscellaneous

13.1 Interpretation

The Preamble is an integral part of these Terms of Use.

The words with plural include the singular and vice versa.

13.2 The governing law

These Terms of Use are regulated, interpreted, and governed by the laws applicable to the province of Quebec and any dispute that may arise will be addressed at the court of law located in the district of Quebec, province of Quebec.

13.3 Invalidity of a clause

In the eventuality that any of these clauses is canceled or proved to be invalid, the remaining clauses will be treated as valid and fully obligatory.

13.4 The provisional titles

The titles of the foregoing provisions are inserted for the referencing purposes only, and cannot affect the constitution or the interpretation of the available dispositions.

13.5 No waiver

The fact that the Website fails to perform to the full extent of the functionality cannot be used a ground for a waiver of any kind.

13.6 Modification of the Terms of Use

The Website reserves the right to modify these Terms at any moment at its sole discretion through updates of the Website’s pages with no notice.

13.7 Contact

Any question related to these Terms or the functioning of the Website, the User can submit by using the « Contact Us » section of the Website.